Modifying Child Support in New York: What Courts Require When Income Decreases
When financial circumstances change, parents often seek a modification of child support obligations. But in New York, obtaining a downward modification is far from automatic. Courts apply strict standards to ensure that a reduction in child support is not used as a way to avoid responsibility.
A recent appellate decision, Harmelink v. Harmelink 2025 NY Slip Op 04708 (2025), highlights the burden a parent faces when claiming a substantial decrease in income.
The Legal Standard for Child Support Modification in New York
Under Family Court Act § 451(3), a child support order may be modified if:
There has been a substantial change in circumstances, or
Either party’s gross income has changed by 15% or more since the order was entered, last modified, or adjusted.
At first glance, a decrease of 15% or more may seem enough to justify a reduction. But New York law requires additional proof:
The decrease in income must have occurred through no fault of the parent, and
The parent must show diligent efforts to find comparable employment consistent with their qualifications and earning capacity.
The Court’s Findings in Harmelink v. Harmelink
In Harmelink, the father claimed his income dropped by 55%, well above the statutory threshold. However, the court found his request deficient because he:
Offered only vague, conclusory statements that he was “compelled” to leave his employment.
Failed to provide competent proof (such as termination letters, business records, or credible testimony) that the job loss was beyond his control.
Did not demonstrate any diligent effort to obtain comparable work in line with his prior earning capacity.
Because of these failures, the court denied his request without even granting a hearing.
What This Means for Parents Seeking a Downward Modification
This case underscores an important lesson: a payor parent cannot simply claim financial hardship without evidence. Courts require concrete, verifiable documentation. Examples of what may help include:
Proof of termination or layoff (e.g., employer’s letter).
Records showing applications for new employment or interviews.
Evidence of reduced industry opportunities, such as job market data.
Documentation of re-training or efforts to transition into a comparable field.
Without this, courts may assume the parent has voluntarily reduced income, a scenario that rarely justifies lowering child support.
Why New York Courts Apply Strict Child Support Modification Standards
New York courts place the child’s best interests above all else. Since child support is designed to maintain a child’s standard of living, judges are wary of reductions that could deprive the child of necessary financial resources. By requiring proof of both involuntary job loss and diligent job search efforts, the law ensures that only genuine hardships lead to a modification.
Key Takeaway
If you are seeking a child support modification in New York City and the surrounding counties:
A decrease in income over 15% gives you the right to apply,
But you must prove it was not your fault, and
Show that you are actively working to restore your earning capacity.
Failure to meet these standards, as seen in Harmelink v. Harmelink, can result in denial of relief without a hearing.
Speak to an Experienced New York Child Support Attorney
Child support modification cases are fact-sensitive and highly scrutinized by the courts. If you’ve experienced a job loss, business downturn, or other change in income, it’s critical to prepare the right documentation and legal arguments from the start.
At Mindin & Mindin, P.C., we represent parents across New York City and surrounding counties in child support and custody matters. We understand how courts apply these standards and can guide you through the process to protect your rights while ensuring your child’s needs are met.
📞 Call us today at 888.501.3292 or schedule a FREE CASE EVALUATION.